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The Honolulu Advertiser

Posted on: Thursday, July 29, 2004

Writing will makes war risks feel real

By Dan Nakaso
Advertiser Staff Writer

KALAELOA — There was a moment, as he wrote out his will this week, when the risks of war suddenly became real for Josh Gaines.

Spc. 4 Jimmy Tumbaga rewrote his will yesterday as part of his preparations for deployment.

Deborah Booker • The Honolulu Advertiser

Gaines had been a single, professional soldier as a Marine corporal in Saudi Arabia during the first Iraq War. Now, at age 33, Gaines is married, takes care of the couple's two children in Mililani and describes his occupation as "Mr. Mom."

He also serves as a citizen-soldier in the Hawai'i Army National Guard. Filling out his will jarred Spc. Gaines into a deeper understanding of what it means to go from civilian life in Hawai'i to a combat zone in Iraq, where Guard and Reserve units make up 40 percent of all U.S. forces.

"It just makes you realize that being in the Guard isn't just one weekend a month anymore," Gaines said. "This is for real."

The Hawai'i Army National Guard yesterday wrapped up three weeks of Soldier Readiness Processing at the guard's brigade headquarters at Kalaeloa. Since July 10, nearly 1,000 Guard soldiers have stood in various lines for hours getting their teeth checked, vaccinations updated and ensuring that their military records are up to date.

At the Judge Advocate General station, soldiers also got free legal help preparing wills and powers of attorney. It was there, while tidying up their legal affairs, that the realities of dying in a war zone grew one step closer for many of the 300 Guard soldiers.

"It makes everything real and you realize it's no longer routine," said Sgt. Sean McGerald, a 31-year-old infantry fire team leader with the 2nd Battalion of the 299th infantry. "There's a real chance that this will all become necessary because people are going to be shooting at us."

The Guard's JAG members have been able to help most of the soldiers with their wills. But they refer anyone with assets over $1 million or extensive estate planning to consult an outside attorney.

"Mostly they've been pretty simple," said Col. Ken Takayama.

Sgt. Sean McGerald, 31, went over his legal paperwork on Tuesday with the help of Lt. Col. Gerald Takase of the Judge Advocate General section of the Hawai'i National Guard. McGerald, a UH law student, had planned to take his bar exam this week but instead is getting ready to be deployed overseas.

Deborah Booker • The Honolulu Advertiser

McGerald, a University of Hawai'i law student, was supposed to take the Hawai'i bar exam Tuesday, the first step toward launching a career in criminal law in Honolulu.

Instead, McGerald spent about half an hour poring over the legal words that would turn over his house in Sunset Beach, IRAs and mutual funds to his wife, Kim, and set up a $100,000 trust fund from his life insurance policy for their 10-year-old son.

Last year, McGerald sat on the other side of the JAG table helping other Guard soldiers prepare their wills.

"Having made so many wills for so many people, it sort of became routine and impersonal," McGerald said, just before a Guard member notarized McGerald's signature on the will. "This is totally different. This is no longer just National Guard training. We're looking at actual combat."

Many of the soldiers lining up for wills weren't taking any precautions.

Pfc. Mike Correa, a UH social science student, isn't married and doesn't have many assets.

But he wrote a will this week anyway that would give his $250,000 Guard life insurance benefits and 2000 Toyota Tundra truck to his sister, Mary Correa.

"It's kind of weird writing up a will at my age," said Correa, 22. "It definitely makes you think more about everything that's going on."

Staff Sgt. Norbert Baluyot, a 38-year-old project manager for an architect firm, long ago prepared himself for what he might face in Iraq.

"This is no longer just National Guard training. We're looking at actual combat."

Sgt. Sean McGerald

So writing a will at the brigade headquarters offered him peace of mind that his wife and three children — ages 18, 8 and 7 — won't have any probate problems should he die.

"I just want to make sure everything straight on this side," Baluyot said. "I didn't want anything legally tangling things up."

Spc. 4 Jimmy Tumbaga realized that his original will gave everything to his first wife.

Now that he's remarried and has a 2-year-old daughter, Tumbaga — a cane haul driver from Kapa'a, Kaua'i — wants to ensure that his new wife and daughter get both of his houses and all of his life insurance benefits.

"It's all starting to get real," Tumbaga said. "So if I don't make it back, I want to make sure my second wife gets 'em all."

Reach Dan Nakaso at dnakaso@honoluluadvertiser.com or at 525-8085.